(1.) This Original Side Appeal is preferred against the judgment and decree in C.S.No.1164 of 2008 dated 30.9.2010 passed by the learned single Judge of this Court.
(2.) Plaintiff in C.S.No.1164 of 2008 is the appellant herein, who has filed the suit for recovery of money based on promissory note. The suit claim was Rs.18 lakhs with interest.
(3.) The contention of the appellant/plaintiff is that the parties have adduced evidence and when the suit was posted for arguments, the learned counsel for the appellant/plaintiff failed to note the listing of case in the cause list and hence he had not appeared before the Court. It is the further contention that the learned single Judge based on the evidence already recorded, dismissed the suit, without giving opportunity to the learned counsel for the appellant/plaintiff to argue the case.